UIA1711
(Rev. 01-16)
State of Michigan
Talent Investment Agency
Unemployment Insurance Agency
3024 W. Grand Blvd., Detroit, MI 48202
www.michigan.gov
Rick Snyder
Governor
Wage & Hour Program
General Requirements - Minimum Wage
and Overtime
Coverage
The Workforce Opportunity Wage Act, Public Act 138 of 2014, covers employers who employ 2 or more
employees 16 years of age and older.
Employees must be paid at least:
Minimum Hourly Wage Rate
Effective Date
Minimum Hourly Wage Rate
Tipped Employee Minimum Hourly Rate
85% Rate
January 1, 2016
$8.50
$3.23
$7.25*
Sept. 1, 2014 – Jan. 1, 2016
$8.15
$3.10
$7.25*
*The state 85% rate of $6.93 from 9/1/14 to 1/1/16 and $7.23 from 1/1/16 to 1/1/17, is lower than the federal minimum
wage rate of $7.25.
• Minors 16-17 years of age may be paid 85% of the minimum hourly wage rate.
• Beginning September 1, 2014, tipped employees may be paid a minimum hourly wage rate of 38% of the minimum
hourly wage rate, provided tips are received, as documented through a signed, dated tip statement, which combined
with the hourly wage paid, equals or exceeds the minimum hourly wage rate.
Training Wage
A training wage of $4.25 an hour may be paid to employees 16 to 19 years of age for the first 90 days of
employment.
Overtime
Employees covered by the Workforce Opportunity Wage Act must be paid 1-1/2 times their regular rate of
pay for hours worked over 40 in a workweek. The following are exempt from overtime requirements:
employees exempt from the minimum wage provisions of the Fair Labor Standards Act of 1938, 29 USC
201 to 219 (except certain domestic service employees), professional, administrative, or executive
employees; elected officials and political appointees; employees of amusement and recreational
establishments operating less than 7 months of the year; agricultural employees, and any employee not
subject to the minimum wage provisions of the act.
PROTECTIONS:
It is illegal for employers in Michigan to discharge, threaten or otherwise discriminate against you regarding your
compensation, terms, conditions, location or privileges of employment because you or a person acting on your behalf
reports or is about or report a violation or a suspected violation of federal, state or local laws, rules or regulations to
a public body.
It is illegal for employers in Michigan to discharge, threaten or otherwise discriminate against you regarding your
compensation, terms, conditions, location or privileges of employment because you take part in a public hearing,
investigation, inquiry or court action.
OBLIGATIONS:
The Act does not diminish or impair either your rights or the rights of your employer under any collective bargaining
agreement.
The Act does not require your employer to compensate you for your participation in a public hearing, investigation,
inquiry or court action.
The Act does not protect you from disciplinary action if you make a report to a public body that you know is false.
ENFORCEMENT:
If you believe that your employer has violated this Act you may bring civil action in circuit court within 90 days of the
alleged violation of the Act.
If the last two digits of your Social Security Number are:
Michigan Law
PROHIBITS DISCRIMINATION
IN EMPLOYMENT, EDUCATION, HOUSING, PUBLIC
ACCOMMODATION, LAW ENFORCEMENT OR PUBLIC SERVICE
Based on religion, race, color, national origin, sex, disability, age1, marital
status1, height2, weight2, arrest record2, genetic information2, and familial status3
If you think you have been discriminated against, you may file a
complaint with the Michigan Department of Civil Rights
Call 1 (800) 482-3604
TTY users please call 1 (877) 878-8464
2
Under the education article, age and marital status are prohibited considerations for admissions only
3
MCL 409.110
POSTING REQUIREMENT
MCL 409.111 Minor 16 years and over; days and hours of employment; employment in
agricultural processing.
Sec. 11. (1). Except as provided in subsection (3), a person shall not employ a minor 16 years of age or older in an
occupation subject to this act for more than any of the following periods:
(a) Six days in 1 week.
(b) An average of 8 hours per day in 1 week.
(c) Ten hours in 1 day.
(d) Subject to subdivision (e), 48 hours in 1 week.
(e) If the minor is a student in school and school is in session, 24 hours in 1 week.
(2) Except as provided in subsection (3), a person shall not employ a minor 16 years of age or older between 10:30
p.m. and 6 a.m. However, except as provided in subsection (3), a person may employ a minor 16 years of age or
older who is a student in school until 11:30 p.m. on any of the following days:
(a) On Fridays and Saturdays.
(b) During school vacation periods.
(c) During periods when the minor is not regularly enrolled in school.
(3) A person may employ a minor 16 years of age or older in farming operations involved in the production of seed or
in agricultural processing for a period greater than the periods described in subsections (1) and (2) if all of the
following conditions are met:
If a minor is a student in school, the period greater than the periods described in subsections (1) and (2) occurs when
school is not in session.
(a) The minor is employed for not more than 11 hours in 1 day.
(b) The minor is employed for not more than 62 hours in any week. However, the employer shall not require the
minor to work more than 48 hours during any week without the consent of the minor.
(c) The minor is not employed between 2 a.m. and 5:30 a.m.
(d) The agricultural processing employer maintains on file a written acknowledgment of the minor’s parent or
guardian consenting to the period of employment authorized under this subsection.
(4) As used in this section:
(a) “Agriculture processing” means the cleaning, sorting or packaging of fruits or vegetables.
(b) “Farming operations involved in the production of seed” means farming activities and research involved
in the production of seed, including plant detasseling, hand-pollination, roguing, or hoeing, and any
other similar farming activity required for commercial seed production.
History: Am. 1978, Act 90, Eff. June 1, 1978 ;-- Am. 1995, Act 251, Eff. Mar. 28, 1996 ;-- Am. 1996, Act 499, Imd. Eff. Jan. 9, 1997 ;-Am. 2000, Act 418, Imd. Eff. Jan. 8, 2001 ;-- Am. 2011, Act 197, Imd. Eff. Oct. 18, 2011
MCL 409.112
Meal and rest period.
Sec. 12. A minor shall not be employed for more than 5 hours continuously without an interval of at least 30 minutes for a
meal and rest period. An interval of less than 30 minutes shall not be considered to interrupt a continuous period of work.
MCL 409.112a Prohibition of minors working alone in occupation involving a cash
transaction after sunset or 8 p.m. at fixed location.
Sec. 12a. A minor who would otherwise be permitted under this act to be employed in an occupation subject to this
act shall not be employed in an occupation that involves a cash transaction subject to this act after sunset or 8 p.m.,
whichever is earlier, at a fixed location unless an employer or other employee 18 years of age or older is present at the
fixed location during those hours.
History: Add. 1980, Act 436, Eff. Mar. 31, 1981.
IMPORTANT: Administrative Rule, R408.6207 REQUIRES A MINOR SUBJECT TO ACT 90 BE SUPERVISED BY
THE EMPLOYER OR ANOTHER EMPLOYEE 18 YEARS OF AGE OR OLDER
It is the policy of the Michigan Department of Education that no person on the basis of race, color, religion,
national origin or ancestry, age, sex, height, weight, marital status, or disability shall be subjected to
discrimination in any program, service, or activity for which it is responsible, or for which it receives financial
assistance from the U. S. Department of Education. For further information, contact the Civil Rights
Coordinator, Office of Career and Technical Education, P.O. Box 30712, Lansing, MI 48909. (517) 241-2091
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Produced by authority of PA 453 of 1976 as amended.
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MICHIGAN SAFETY AND HEALTH
PROTECTION ON THE JOB
Sec. 10. A minor under 16 years shall not be employed in an occupation subject to this act for more than 6 days in 1
week, nor for a period longer than a weekly average of 8 hours per day or 48 hours in 1 week, nor more than 10 hours
in 1 day. The minor shall not be employed between the hours of 9 p.m. and 7 a.m. A minor who is a student in school
shall not be employed more than a combined school and work week of 48 hours during the period when school is in
session.
12:30 p.m.- 4:30 p.m., ET
67 through 81
Wednesday
12:30 p.m.- 4:30 p.m., ET
8:00 a.m.- 12:30 p.m., ET
Wednesday
82 through 99
8:00 a.m.- 12:30 p.m., ET
If you miss your assigned day and time, claims are accepted on Thursday or Friday from 8:00 a.m. - 4:30 p.m. ET.
Filing Claims on the Internet
You may file your new, additional, or reopened claim on the UIA website at www.michigan.gov/uia. Select “Michigan Web Account
Manager (MiWAM)” logo to sign up for a web account with UIA. You do not have to have a MiWAM account to file a claim. However, if
you do have a MiWAM account, first login, click on the “Claimant Services” tab and select the “File a claim” link under the filing options.
You may file your claim through the Internet if ALL of the following requirements are met:
•
•
You have worked under only one Social Security number.
You have not filed a claim for unemployment benefits against another state during the past 12 months.
Before filing online, ensure you have the information from Items 1 through 6 (listed above), a pen or pencil, and paper to make notes of
information you will receive from the UIA. You can write the information you need on this form so that it is available when you file your
claim.
The Internet Filed Claim system is available 24 hours a day, 7 days a week, regardless of the last two digits of your Social Security
number.
If you have a problem or question about your claim, you can call the UIA at 1-866-500-0017 (TTY customers use 1-866-366-0004). UIA
staff is available to assist you from 8:00 a.m. to 4:30 p.m., ET, Monday through Friday.
To Be Completed by the Employer
Employer’s Name with Doing Business As (DBA), and complete mailing address where wage and separation information is
available for the worker listed on this form.
Must be posted in a conspicuous place
Updated 10/2011
Minor under 16 years; days and hours of employment.
Tuesday
Tuesday
49 through 66
Your 9-digit Federal Identification Number:
Office of Career and Technical Education
P.O. Box 30712, Lansing, MI 48909
RICK SNYDER
GOVERNOR
12:30 p.m.- 4:30 p.m., ET
Your 10-digit UIA Account Number:
in housing only
Only Fair Is Fair.
(517) 335-6041
www.michigan.gov/mde
34 through 48
8:00 a.m. - 12:30 p.m., ET
Monday
Rule R 421.204 of the Michigan Administrative Rules requires that a completed copy of this form, or an equivalent written notice, be
given to each employee before, or when he/she is separated from your employ. A $10.00 penalty for non-compliance with this rule
may be imposed by the UIA. Please complete the following information in the spaces below.
Or visit www.michigan.gov/mdcr
in employment only
Monday
16 through 33
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Informational Sheet:
Youth Employment Standards Act 90 of 1978, as amended
00 through 15
If your employer has violated this Act the court can order your reinstatement, the payment of back wages, full
reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. The
court may also award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees to
the complainant if the court believes such an award is appropriate.
LARA is an equal opportunity employer/program.
Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities.
Wage and Hour Program
530 W. Allegan • P.O. BOX 30476 • LANSING, MICHIGAN 48909-7976
www.michigan.gov/wagehour • (517) 322-1825
Toll Free 1-855-4MI-WAGE (1-855-464-9243)
WHD 9904 (Revised • 10/2015)
Filing Claims by Telephone
Day and Time to File Claims by Telephone
Persons found in violation of this Act may be subject to a civil fine of up to $500.00.
1
•
Please ensure that you read both sides of this form prior to filing a claim for unemployment benefits. If you become
unemployed, this information may help to determine your unemployment benefit entitlement.
When to file a claim for unemployment benefits:
A claim for unemployment benefits begins the week it is filed. Therefore, you should file your claim for benefits during your first week of
unemployment.
To receive unemployment benefits, you must both be eligible and qualified. You must:
• File a claim, and report for benefits as directed by the Unemployment Insurance Agency (UIA).
• Register for work each time a new, additional or re-opened claim is filed as directed by the UIA.
• Have sufficient earnings in the past 18 months.
• Be able to work.
• Be available for work. You must immediately inform the UIA and all base period employers of any changes to your contact
information (mailing address and telephone number) and respond to all UIA requests to update your contact information.
• If directed by the UIA, appear at a specified location provided in a mailed notice for an evaluation of your eligibility for unemployment
benefits.
• If requested by the UIA, provide a statement of wages (wage affidavit) for purposes of calculating your unemployment benefits as
state law requires that you produce evidence of those wages (pay stubs, W-2, employer payroll records, etc.).
• Be actively engaged in seeking work.
• Conduct a systematic and sustained work search effort and provide proof of those efforts by submitting your work search efforts as
directed by the UIA.
To file a claim for benefits, you will need the following:
1. This form and any similar forms you received from any employer in the past 18 months, or pay stubs with employer name, employer
payroll record, or W-2 Form.
2. Your Social Security number, complete mailing address (zip code), telephone number, and county of residence.
3. Your driver’s license or state identification card.
4. Your Alien Registration Number and the expiration date of your work authorization if you are not a citizen or national of the United
States.
5. Name(s) of employer(s), date(s) of employment, and reason for separation from each employer you worked for in the past 18
months.
6. Information from your financial institution if you choose to have your benefits directly deposited into your checking or savings
account.
PENALTIES:
Equal Pay
An employer shall not discriminate on the basis of sex by paying employees a rate which is less than the
rate paid to employees of the opposite sex for equal work on jobs requiring equal skill, effort, and
responsibility performed under similar working conditions - except where payment is pursuant to a seniority
system, merit system or system measuring earnings on the basis of quantity or quality of production or a
differential other than sex.
Enforcement
An employee may either file civil action for recovery of unpaid minimum wages or overtime, or they may file a
complaint with the Department of Licensing and Regulatory Affairs. The department may investigate a
complaint and file civil action to collect unpaid wages or overtime due the employee and all employees of an
establishment. Recovery under this act can include unpaid minimum wages or overtime, plus an equal
additional amount as liquidated damages, costs, and reasonable attorney fees. A civil fine of $1,000 can be
assessed to an employer who does not pay minimum wage or overtime.
Keep This Form
The Michigan Whistleblowers’ Protection Act (469 P.A. 1980) creates certain
protections and obligations for employees and employers under Michigan law.
Compensatory Time
If an employer meets certain conditions, employees may agree to receive compensatory time of 1-1/2 hours
for each hour of overtime worked. The agreement must be voluntary, in writing, and obtained before the
compensatory time is earned. All compensatory time earned must be paid to an employee. Accrued
compensatory time may not exceed 240 hours. Employers must keep a record of compensatory time
earned and paid. Contact the Wage and Hour Program for information on the conditions an employer must
meet in order to offer compensatory time off in lieu of overtime compensation.
Sharon Moffett-Massey
UIA Director
UNEMPLOYMENT COMPENSATION NOTICE TO EMPLOYEE
ATTENTION EMPLOYEES
MIOSHA Required Poster
Authorized by
MCL 421.1, et seq.
THE MICHIGAN OCCUPATIONAL SAFETY AND HEALTH ACT, 1974 P.A. 154, AS AMENDED,
REQUIRES POSTING OF THIS DOCUMENT IN A CENTRAL AND CONSPICUOUS LOCATION.
FAILURE TO DO SO MAY RESULT IN A PENALTY.
The Michigan Occupational Safety and Health Act (MIOSH Act), Act No.
154 of the Public Acts of 1974, as amended, provides job safety and
health protection for Michigan employees through the maintenance of
safe and healthful working conditions. Under the MIOSH Act and a state
plan approved in September 1973 by the U.S. Department of Labor, the
Michigan Department of Licensing and Regulatory Affairs is responsible
for administering the Act. Department representatives conduct job site
inspections and investigations to ensure compliance with the Act and
with safety and health standards.
matters of safety or health in the place of employment.
COMPLAINTS: Employees and employee representatives who believe
that an unsafe or unhealthful condition exists in their workplace have the
right to request an inspection by giving written notice to the Department
of Licensing and Regulatory Affairs. If a condition exists which may
present an immediate danger, the Department should be notified in the
most expedient manner without regard to a written notice. The names of
complainants will be kept confidential and not revealed upon the request
of the employee. Employees also have the right to bring unsafe or
The contents of this poster describe many important provisions of the unhealthful conditions to the attention of the department representative
Act. These provisions apply equally to employers and employees in during the conduct of an inspection or investigation.
either private industry or the public sector.
EMPLOYER REQUIREMENTS: MIOSHA requires that each employer: The Act provides that employees may not be discharged or in any
manner discriminated against for filing a complaint or exercising any of
1. Furnish to each employee employment and a place of their rights under the Act. An employee who believes he or she has been
employment which is free from recognized hazards that are discriminated against may file a complaint with the Michigan Department
causing or are likely to cause death or serious physical harm to of Licensing and Regulatory Affairs within 30 days of the alleged
the employee.
discrimination.
Comply with promulgated rules and standards and with orders
The U.S. Department of Labor is monitoring the operation of the Michigan
issued pursuant to the Act.
Occupational Safety and Health Administration (MIOSHA) to assure the
3. Post this and other notices and use other appropriate measures effective administration of the state act. Any person may make a written
to keep his or her employees informed of their protection and complaint regarding the state administration of the state act directly to the
obligations under the Act, including the provisions of applicable Regional Office of OSHA, 230 South Dearborn, Chicago, Illinois 60604.
rules and standards.
CITATIONS: If upon inspection or investigation the Department of
4. Notify the Michigan Department of Licensing and Regulatory
Licensing and Regulatory Affairs believes that a requirement of the Act
Affairs within 8 hours of any work-related fatality. Notification may
has been violated, a citation alleging such violation and setting a time
be accomplished by calling 1-800-858-0397.
period for correction will be issued to the employer. The citation must be
5. Notify the Michigan Department of Licensing and Regulatory prominently posted at or near the place of the alleged violation for three
Affairs within 24 hours of all work-related inpatient days or until the violation is corrected, whichever is later.
hospitalizations, amputations and losses of an eye. Notification
The Act provides for first instance penalties of up to $7,000 for a
may be accomplished by calling 1-844-464-6742 (4MIOSHA).
violation. Penalties of up to $7,000 per day may be assessed for failure
6. Make available to employees, for inspection and copying, all to correct a violation within a proposed abatement period. Any employer
medical records and health data in the employer’s possession who willfully or repeatedly violates the Act may be assessed penalties of
pertaining to that employee.
up to $70,000 for each such violation. Employers may appeal the alleged
7. Afford an employee an opportunity with or without compensation citation, the proposed penalties or the abatement periods to the
to attend all meetings between the Department of Licensing and Department and to the Board of Health and Safety Compliance and
Regulatory Affairs and the employer relative to any appeal of a Appeals. Employees may appeal the abatement period in a similar
manner. Employees also may appeal to the Board of Health and Safety
citation by the employer.
Compliance and Appeals any decision issued by the Department in
8. Give the representative of employees the opportunity to response to an employer appeal.
accompany the department during the inspection or investigation
of a place of employment and to prohibit the suffering of any loss Criminal penalties also are provided for in the Act. A person who
of wages or fringe benefits or discriminate against the knowingly makes a false statement or report pursuant to the Act upon
representative of employees for time spent participating in the conviction is punishable by a fine of up to $10,000 or may be imprisoned
inspection, investigation, or opening and closing conferences.
for not more than 6 months or both. Any willful violation resulting in death
of an employee, upon conviction, is punishable by a fine of up to $10,000
9. Provide personal protective equipment, at the employer’s
or by imprisonment for not more than one year or both. A second
expense, when it is specifically required by a MIOSHA standard.
conviction doubles the maximum monetary penalty and is punishable
10. Not permit an employee, other than an employee whose by imprisonment for up to three years.
presence is necessary to avoid, correct or remove an imminent
danger, to operate equipment or engage in a process which has VOLUNTARY ACTIVITY & COMPLIANCE ASSISTANCE: The act
been tagged by the Department and which is the subject of an encourages employers and employees to reduce workplace hazards
order issued by the Department identifying that an imminent voluntarily.
danger exists.
The Michigan Department of Licensing and Regulatory Affairs offers
11. To promptly notify an employee who was or is being exposed to limited on-site consultation assistance to employers to assist them in
toxic materials or harmful physical agents in concentrations or at achieving compliance with occupational safety and health standards.
levels which exceed those prescribed by a MIOSHA standard.
Training specialists are available and can give advice on the correction
of hazardous conditions and on the development of safety and health
EMPLOYEE REQUIREMENTS: MIOSHA requires that each employee: systems. Department staff are available to conduct seminars and
training relative to occupational safety and health for both employer and
1. Comply with promulgated rules and standards and with orders is- employee groups. Requests for service should be addressed to the
sued pursuant to the Act.
department at the address shown below.
2.
2. Not remove, displace, destroy, or carry off a safeguard furnished or The U.S. Department of Labor will continue to enforce federal standards
provided for use in a place of employment, or interfere in any way governing maritime operations of long shoring, shipbuilding, ship
with the use thereof by any other person.
breaking and ship repairing. These issues are not covered by the
Michigan Plan for Occupational Safety and Health.
INSPECTIONS/INVESTIGATIONS: Inspections and investigations are
conducted by trained personnel. The Act requires that an employer MORE INFORMATION:
representative and a representative of employees be given an
opportunity to accompany the department representative for the purpose Department of Licensing and Regulatory Affairs
of aiding in the inspection or investigation.
Michigan Occupational Safety & Health Administration
525 W. Allegan Street, Box 30643
If a representative of employees does not participate, the department Lansing, Michigan 48909-8143
representative will consult with a number of employees concerning www.michigan.gov/miosha
THIS IS AN IMPORTANT DOCUMENT - DO NOT COVER!
MIOSHA Complaint Hotline .......................................1-800-866-4674
Fatality Hotline...........................................................1-800-858-0397
MIOSHA Injuries/Illnesses Reporting ........................1-844-464-6742
Consultation and Training Assistance .......................1-517-284-7720
The Department of Licensing and Regulatory Affairs will not discriminate against any individual or group because of race, sex, religion,
age, national origin, color, marital status, disability, or political beliefs. If you need assistance with reading, writing, hearing, etc., under
the Americans with Disabilities Act, you may make your need known to this agency.
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MIOSHA/CET 2010 (9/15)
Name
DBA
Address for Employment
City, State, Zip Code
Name of Contact Person
Telephone Number
Reason for Separation
Employers with questions may contact the Office of Employer Ombudsman (OEO) at 1-855-484-2636, or
[email protected]
TIA is an Equal Opportunity Employer/Program.
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This Workplace
Covered
by the
Michigan
Right To
Know
Law
SDS(s) For This
Workplace Are
Located At
Employers must make available for employees in a readily
accessible manner, Safety Data Sheets (SDS)* for those
hazardous chemicals in their workplace.
Employees cannot be discharged or discriminated against
for exercising their rights including the request for
information on hazardous chemicals.
Employees must be notified and given direction (by
employer posting) for locating Safety Data Sheets and the
receipt of new or revised SDS(S).
* When the employer has not provided a SDS, employees
may request assistance in obtaining SDS from the:
__________________________________
Location(s)
__________________________________
Location(s)
__________________________________
Person(s) responsible for SDS(s)
__________________________________
Phone
LARA is an equal opportunity employer/program.
Michigan Department of Licensing and Regulatory Affairs
Michigan Occupational Safety & Health Administration
General Industry Safety & Health Division
(517) 284-7750
Construction Safety & Health Division
(517) 284-7680
www.michigan.gov/miosha
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TO BE POSTED THROUGHOUT THE WORKPLACE NEXT TO THE
SAFETY DATA SHEETS (SDS) LOCATION POSTERS
NEW OR REVISED
______________________
______________________
______________________
______________________
______________________
RECEIPT DATE
_____________
_____________
_____________
_____________
_____________
Michigan Department of Licensing and Regulatory Affairs
Michigan Occupational Safety & Health Administration
Consultation Education & Training Division
(517) 284-7720
Compliance Check
Scan this code with
your smartphone
to verify compliance.
P
New or
Revised
SDS
POSTING DATE
_____________
_____________
_____________
_____________
_____________
MIOSHA/CET #2105 (Rev. 08/15)
LOCATION OF NEW OR REVISED SDS
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
Paid in part with
Federal OSHA funds.
MIOSHA/CET #2106 (Revised 08/15)
LARA is an equal opportunity employer/program.
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For further information, visit our website at:
www.michigan.gov/miosha
www.GovDocs.com
(888) 273-3274
March 2016